Florence, AL 35630 (256) 760-5820. Facebook gives people the power to share and makes the world more open and connected. [53] See generally Alexis v. Barr, 960 F.3d 722 (5th Cir. .widget-value { we have completed, We personally execute an individualized case management plan for your case, Demetria is a Board Certified Family Law Specialist with the state bar spousal support/alimony and Florence, Alabama Area Education . First, Jeffery Dale Hunt will serve 20 years for his crimes, and now Fuentes. Pete Wessons family sat in shock as Judge Ben Graves handed down the sentence. The mailing address is P.O. [54] Id. At the arraignment, Judge Ben Graves told White he will be charged with escape in the first degree, . In its analysis, the Fifth Circuit relied on Duenas-Alvarez to assert that Castillo-Riveras argument that the Texas statute was not a categorical match with the federal statute was insufficient to relieve him of the enhanced sentencing imposed by federal law. If your child will play baseball or softball this spring, youll need to stock up on appropriate clothing and equipment. .courts-container hr {background-color:#f0a236;padding-bottom:2px;}, Eleventh Circuit Court of Appeals U.S. District Court: Northern District of Alabama, Middle District of Alabama, Southern District of Alabama U.S. Bankruptcy Court: Northern District of Alabama, Middle District of Alabama, Southern District of Alabama, Alabama Supreme Court [7] He also earned a Master of Public Administration degree from the Maxwell School of Citizenship and Public Affairs at Syracuse University in 1981. margin-bottom:0px; 1771 (2020) (noting that the categorical approach actually results in nonuniformity because the same conduct that triggers federal immigration consequences in one state would not trigger immigration consequences in a neighboring state whose statute is broader than the federal, generic definition of the crime). [1], Ben Graves defeated William Smith in the Alabama 11th Circuit Court Republican primary for Place 1. July 17, 2018. My name is Alicia Roper. Legal Team, We Offer Unfailing Commitment Judicial Clerk Judge Judicial Law Clerk State Representative Civil Servant, Arbitrator Referee Judge Owner Marketing Director Chief Executive Marketing Manager Senior Online Leader Advertising Professional Internet Marketing Manager Web Marketer Advertising Sales Agent Promoter Disk-Jockey Tutor Entertainer, Paralegal Litigation Support Specialist Mediator Law Specialist Judge Lawyer Manager Operations Manager Office Assistant Office Clerk Clerical Specialist, Judge Owner Chief Executive Hair Stylist Hairdresser, Referee Judge Volunteer Coordinator Non-Profit Managers, Chief Judge Judge Head Waitron Food Service Worker Food and Beverages Professional Food and Beverage Attendant, Judge Security Government Administration Professional Community Service Manager, Judge Chief Administrative Officer Chief Executive Community Service Manager Government Administration Professional, Judge Sales Manager Sales Director Team Member Managers Business Administrator Supporting Member Bartender Supervisor Sales Executive Client Service Officer Sales Account Associate Customer Service Operations Manager Chief Executive Corporate Executive Manager Chief Executive Officer Customer Relations Bachelor of Science, Law Specialist Lawyer Chief Judge Director Operations Manager Master of Science Chief Executive Deputy Manager Governor Government Administration Officer Civil Servant, Judge Head Coach Sports Trainer Sports Game Coach Sports Trainers Program Assistant Administrative Medical Assistant Medical Support Assistant Health Support Worker Healthcare Support Bachelor of Science, Judge Sales Manager Sales Director Chief Executive Officer Manager Corporate Executive Chief Executive Operations Manager Sales Account Associate Sales Executive Bartender Managers, Law Specialist Lawyer Judge Coordinator Office Runner File Keeper Clerical Specialist Managers Courier, Owner Chief Executive Media Specialist Media Professional Captain, Chancellor Chief Judge Judge Chairperson Chief Executive Corporate Executive Dean Higher Education Professional School Administrator Educational Manager, Jurist Legal Counsel Lawyer Managing Partner Partner Chief Executive Chief Administrative Officer Security Juris Doctor Bachelor of Arts Psychologist Psychology Specialist. [24], Alexis v. United States entailed a straightforward application of the categorical approach. Out of those 264 dispostions, 45 were dismissed, 138 were approved and 81 were denied. They also hear cases that have been appealed from the District Court. Judge T. Henley Graves next to a painting of the Sussex County Courthouse that hangs in his office. [6] Graves has also coached high school, college, and law school mock trial teams, including the Jackson Murrah High School mock trial team that won the 2001 state championship.[3]. [33] In that case, respondent Luis Duenas-Alvarez was a lawful, permanent resident convicted of vehicular theft under California law. 100% remote. We Can Offer You The Outstanding Legal Support You Deserve, We Will Go the Extra Mile in Order to Achieve Your Goals, We Will Work Diligently in Order to Resolve Your Case. .widget-key { padding-left: 10px; [21] In contrast, California Penal Code 459 provided that a person who enters certain locations with intent to commit grand or petit larceny or any felony is guilty of burglary.[22] Missing from the California statute was the requirement that the entry be unlawfulit was broad enough to include a shoplifter who lawfully entered a store. Our firm takes pride in being approachable, patient, and affordable and [8] He has also held the position of adjunct professor at Millsaps College, Tougaloo College, and Jackson State University. Navigating any legal problem is challenging especially any legal problem in family law, you know divorce, child custody and child support. On the 55-counts of possessing child pornography, Wesson has been sentenced to serve four years on each charge. .widget-row.Democratic { Navigating any legal problem is challenging especially any legal problem What Biden might try next if his student loan forgiveness, Do Not Sell or Share My Personal Information. The restaurant is open Monday through Saturday. Office hours are Monday-Friday 8:00 am until 5:00 pm. [3] Graves was then elected to the position later that year in a special election, in which he received seventy-seven percent of the votes cast. Here is a complete directory of nearly all professional Judges in Florence, AL. [5] Where a match is found, certain federal law consequences are triggered, including immigration consequences. [4] To answer that question, courts apply a categorical approach in which they compare a state criminal law statute to the federally recognized, generic definition of the crime, to determine whether the state law is a categorical match. Benjamin Graves is on Facebook. [54] To illustrate this point, Judge Graves listed cases collected by the Third Circuit which demonstrate that the Fifth Circuit is alone in its approach. [10] Immigration Review, Precedential Decisions from 6/8/20 6/14/20 (controlled substance, realistic probability test, CAT, changed country condition motions to reopen, unaccompanied alien minor) (June 14, 2020), https://open.spotify.com/episode/0YZkNGzMdP9AIQPA9fzX5U?si=Vv4blBpxTmmtkji8WSN1ZQ [https://perma.cc/PSE8-7JH7]. Honorable William Powell, Circuit Judge. Burdens, Benefits, or Both? drama, tune in! Each .widget-row.value-only.white { [28] Alexis contested the removal proceeding on the grounds that his state conviction did not qualify as a federal controlled substance offense because the Texas definition of cocaine was broader than the federal definition. It requires a realistic probability, not a theoretical possibility, that the State would apply its statute to conduct that falls outside the generic definition of a crime. .widget-row.Republican {
float:right; color: white; .widget-row.Libertarian { week join Attorney, Demetria L. Graves, a respected Certified Family Law Practices Family, Criminal defense, Education. An exception to this rule is the modified categorical approach, which is applied to a divisible statute, which the Court describes as a statute that: sets out one or more elements of the offense in the alternativefor example, stating that burglary involves entry into a building or an automobile. Gilbert P. Self is the Republican Place 3 judge on the 11 Circuit in Alabama.He was initially appointed to the court by Gov. about navigating the legal system or just curious about celebrity legal This material may not be published, broadcast, rewritten, or redistributed. 2. Cash, cashiers check, and money orders are acceptable methods of payment. City of Florence Alabama Jan 2013 - Present 10 years 1 month. [7] He is a practicing Seventh-day Adventist. Judge Benjamin Graves sentenced Fuentes to 121 years in prison. margin-bottom: 1px; clear: both; 200 South Court Street Florence, AL 35631 (256) 760-5825. Their victim impact statements were read, asking the judge to sentence Fuentes to the maximum time possible because of the pain hes caused the family. [20] The Court found the following basic elements of generic burglary: (1) unlawful or unprivileged entry into, or remaining in; (2) a building or structure; (3) with intent to commit a crime. } Wesson will have to serve the sentences consecutively, which means after serving the first four years, he will have to serve the next, and the next, and the next. That a facially broader state law is overbroad was never in question. The Republican primary election will be held March 1, 2016. } In an attempt to remedy these discrepancies and promote some uniformity in the application of federal law consequences to state criminal convictions, federal courts employ the categorical approach to determine if a state criminal statute fits within the federal, generic definition of the crime. Are you and your spouse considering divorce? Attorneys for Pete Wesson have indicated an appeal could be filed in the near future. [23] Therefore, the California burglary statute was overbroad, was not a categorical match within the generic definition of burglary, and no federal law consequences flowed from conviction under it. Mark Finley. Our clients are our firm's number one priority, and we do everything [30] However, the IJ then applied the Fifth Circuits interpretation of the realistic probability test and found that Alexis failed to establish overbroadness under that test. word-wrap: break-word; For the 2017 *fiscal year, Judge James Grimes has disposed 264 cases at the Office of Disability Adjudication and Review (ODAR) in FLORENCE, ALABAMA. Each week join Attorney, Demetria L. Graves, a respected Certified Family Law Specialist in Los Angeles, as she breaks down the celebrity legal headlines and . vertical-align: top; margin-top: 1px; Florence, AL, USA 35631, 603 County Road 414 (256) 760-5750 [2], Graves is married to Dr. Bettye Ramsey Graves, Associate Vice President for Enrollment Management at Jackson State University. Box 159 (256) 760-5750 [9] Id. The Unified Gift and Estate Tax Lifetime Exemption, Set to Sunset and Revert to Pre-Tax Cuts and Jobs Act Levels in 2026, Says Otherwise, The First Circuit Court of Appeals Limitations on a Usufructuarys Rights: Cole v. Thomas. [49] The court wrote that Castillo-Rivera cannot simply point to certain crimes that may be included in one [statute] but not the other.[50] In reality, however, that is exactly how the categorical approach has been applied since the Supreme Court first articulated it in 1990. [58] Alexis, 960 F.3d at 732 (Graves, J., concurring). Graves decided to retire last August, when he turned 70 years old. You do not have color: white; Hatchett. FLORENCE, AL (WAFF) - Florence Municipal Judge Ben Graves announced his candidacy for Circuit Judge this week. handle every aspect of you case, and you will never be passed off to another 1998 - 2023 Nexstar Media Inc. | All Rights Reserved. Heather Haynes heather@lauderdalecountycpc.org Although approved by Senate Judiciary Committee on December 1, 2010, the Senate failed to act on the nomination. This means that the percentage of depositions that Judge James Grimes has approved in FLORENCE for the 2017 fiscal year is 18%. The Graves Law Firm if you are facing a family law issue. Florence, AL. [51] See generally Taylor v. United States, 110 S. Ct. 2143 (1990). Honorable Benjamin R. Graves, Circuit Judge. 1227(a)(2)(B)(i), which makes noncitizens removable from the country for a conviction relating to a controlled substance. LAUDERDALE COUNTY, Ala. (WAFF) - One Lauderdale County man will spend the rest of his life in jail. 2020). The Oscars will air on ABC and can be streamed on ABC.com and the ABC app as well as Hulu + Live TV, YouTube TV, AT&T TV or FuboTV. Judge Chris Smith, and the Florence Municipal Prosecutor, Heath Trousdale, work part-time and are only available on court days. Copy and past this code into your website. L. Rev. at 733 n.1 (Graves, J., concurring) (citing Zhi Fei Liao v. Atty Gen. U.S., 910 F.3d 714, 723 n.11 (3d Cir. .widget-row.value-only { [4] Under the Immigration and Nationality Act, a noncitizen who has been convicted of a violation of law relating to a controlled substance is removable from the United States. In his concurrence, Judge Graves noted that the Fifth Circuits application of the realistic probability test is inconsistent with recent U.S. Supreme Court and circuit court opinions. [9] The first African-Americans to serve on the Mississippi Supreme Court were Reuben V. Anderson, who served from 1985 to 1990, followed by Fred L. Banks Jr. from 1991 to 2001. Adventism. FLORENCE When Ben Graves was appointed the Florence municipal judge in January 2013, . Background: Applying State Criminal Law to Federal Immigration Law, An individuals conviction for certain crimes under state law can trigger federal law consequences, including additional incarceration, required registration as a sex offender, and mandatory removal from the country under immigration law, as was the case in Alexis v. United States. All rights reserved. font-weight: bold; Please, 100 largest cities in America by population, Alabama local trial court judicial elections, 2016, https://ballotpedia.org/wiki/index.php?title=Ben_Graves&oldid=7291396, Conflicts in school board elections, 2021-2022, Special Congressional elections (2023-2024), 2022 Congressional Competitiveness Report, State Executive Competitiveness Report, 2022, State Legislative Competitiveness Report, 2022, Partisanship in 2022 United States local elections. [26] In November 2016, Alexis pled guilty and was sentenced under Texas law to one year in prison for the possession of a controlled substance. This is how life is supposed to be. color: white; The Supreme Court established the realistic probability test to clarify whether unique application of a states criminal law statute could make it broader than the federal, generic law. } Click here to contact us for media inquiries, and please donate here to support our continued expansion. The general election was held on November 8, 2016. You pretty much calling Dr LaGanke incompetent and me a liar stating i could go back to work! Killen, AL. Ballotpedia features 395,577 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. and provides practical tips for navigating such legal issues should you [2] In his concurrence, Judge Graves explained that he felt bound by Fifth Circuit precedent in writing the opinion; however, he found the result to be both illogical and unfair.[3] At issue in the case was whether Alexiss conviction under Texas law for possession of cocaine qualified as a controlled substance offense under federal law, making him, a noncitizen, removable from the United States. Alabama Court of Criminal Appeals Over the past month, both Assistant District Attorney Angie Hamilton and ADA Coty Hand have tried and convicted two people on possession and production of child pornography. Join Facebook to connect with Benjamin Graves and others you may know. Your email address will not be published. Box 1327, Florence, Alabama 35630. Select this result to view Odell Graves's phone number, address, and more. Click here to contact our editorial staff, and click here to report an error. decades BECAUSE I CANNOT REMEMBER! Rogersville, AL. Professional Background CheckInformation on professionals, their work history and resumes. The City of Florence is committed to the safety and well-being of our citizens, as well as our animals. Florence Utilities provides you with the utmost friendly, professional, and expedient customer service. Views expressed in the Louisiana Law Review do not necessarily reflect those of the staff, [46] Castillo-Rivera argued that the enhanced sentence did not apply to him because the Texas definition of aggravated felony was overbroad. .infobox { Castillo-Rivera. Court is held every Tuesday and Thursday at 8:00 am and every third Tuesday of the month at 1:00 pm. Apply today! .clearfix { Lauderdale County man sentenced to 121 years in prison on child pornography, abuse charges, I can promise you Mr. Fuentes will not hurt you in the future, Weather Service confirms tornado with two tracks in Jackson County, Huntsville Utilities employee hurt while repairing power lines, Limestone Co. Sheriffs Office searching for car thief, One person hospitalized Saturday in Huntsville crash, One injured in Huntsville shooting Friday evening. bankruptcy and divorce. Ben Graves is the Republican judge for Place 1 on the 11 Circuit in Alabama.Graves won the general election on November 8, 2016.. Out of those 264 dispostions, 45 were dismissed, 138 were approved and 81 were denied. Their mother said that Fuentes has ruined their entire lives. Hand said these cases dont get easier but its their job to get justice for the victims. Yes, i did answer all of your questions because I had day planners spread all over the conference table from decades BECAUSE I CANNOT REMEMBER! 35652, 5700 County Road 16 (256) 760-5750 border:1px solid #FFB81F; Are you struggling to make Alabama Municipal Courts Notably, Justice Stevens concurred with the majority in part but dissented specifically to Part III-A, which articulates the realistic probability test.
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